1. On September 19, 2019, the Plaintiff and the Defendant Nonparty C Co., Ltd. were the Suwon District Court No. 2399 of Suwon Housing Site Costs in 2019.

1. Basic facts

A. A. Around February 2019, the Defendant (the Defendant’s representative director at the time was referred to as “D”) entered into a contract with the Plaintiff to transfer KRW 100 million to the Plaintiff the goods-price claim held by the Defendant against Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”).

Upon delegation from the defendant on June 27, 2019, the plaintiff notified the non-party company of the assignment of the above assignment and reached the non-party company around June 28, 2019.

B. On May 28, 2019, the Defendant notified Nonparty Company of the purport that the instant assignment of claims is null and void.

C. On September 19, 2019, Nonparty Co., Ltd. deposited KRW 59,313,130 on the instant assignment of claims under the instant assignment of claims with the depositer as “Plaintiff or Defendant,” pursuant to Article 2399 of the Suwon District Court Sejong District Court in 2019, on the ground of the relative uncertainty of creditors pursuant to the latter part of Article 487 of the Civil Act (hereinafter “instant deposit”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The party's assertion and judgment

A. 1) The purport of the Plaintiff’s assertion is that the claim for payment of the instant deposit is reverted to the Plaintiff pursuant to the instant claim assignment contract. 2) Since the instant claim assignment contract is null and void on the grounds as shown below in the summary of the Defendant’s assertion, the claim for payment of the instant deposit belongs to the Defendant.

A) The assignment of claims in this case is null and void because the Defendant D, the representative director of the Defendant at the time, conspired with the Plaintiff. (B) The assignment of claims in this case is “disposition and transfer of important assets” and is null and void since it did not go through a resolution of the board of directors pursuant to Article 393(1) of the Commercial Act.

B. Determination 1 Whether the instant assignment contract was made by means of false representation in collusion or not, the instant assignment contract.